PRINTER'S NO. 1165
No. 992 Session of 2003
INTRODUCED BY STAIRS, ROEBUCK, BROWNE, CREIGHTON, FLICK, HERMAN,
McILHATTAN, R. MILLER, T. STEVENSON, CURRY, GRUCELA, SHANER,
SURRA, YUDICHAK, BAKER, BARD, BELFANTI, BENNINGHOFF, CAWLEY,
COY, DALEY, GEIST, GEORGE, HALUSKA, HARHAI, HERSHEY, HESS,
JAMES, JOSEPHS, LAUGHLIN, LEACH, PRESTON, READSHAW, REICHLEY,
SATHER, SAYLOR, SEMMEL, B. SMITH, SOLOBAY, E. Z. TAYLOR,
THOMAS, TRUE, WALKO, WOJNAROSKI AND YOUNGBLOOD,
MARCH 26, 2003
REFERRED TO COMMITTEE ON EDUCATION, MARCH 26, 2003
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for the establishment,
6 membership and powers and duties of the Master Plan for
7 Higher Education Review Committee; and further providing for
8 the adoption of the master plan.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2601-B of the act of March 10, 1949
12 (P.L.30, No.14), known as the Public School Code of 1949, is
13 amended by adding a clause to read:
14 Section 2601-B. Definitions.--When used in this article the
15 following words and phrases shall have the following meanings:
16 * * *
17 (3) "Review committee" shall mean the Master Plan for Higher
18 Education Review Committee established under section 2604.1-B.
1 Section 2. Section 2603-B(h) of the act, added March 30,
2 1988 (P.L.321, No.43), is amended to read:
3 Section 2603-B. Powers and Duties of the Board.--* * *
4 (h) [Every] At least every five (5) years, the board shall
5 [adopt] transmit a proposed master plan for higher education
6 [which shall be for the guidance of the Governor, and all
7 institutions of higher education financed wholly or in part from
8 State appropriations] as provided in section 2604.3-B, to the
9 Master Plan for Higher Education Review Committee for its
10 review. The proposed master plan shall:
11 (1) define the role of each type of institution (State-owned
12 universities, State-related universities, community colleges,
13 private colleges and universities and off-campus centers of any
14 of these and other institutions authorized to grant degrees) in
15 this Commonwealth;
16 (2) recommend enrollment levels for each such institution;
17 (3) recommend methods for governance;
18 (4) recommend methods for the distribution of State funds
19 among the institutions;
20 (5) evaluate the status of physical plants and technical
21 equipment and project needs;
22 (6) evaluate the status of and projection of manpower needs;
23 (7) evaluate enrollment accessibility to institutions of
24 higher learning by the public; and
25 (8) otherwise provide for an orderly development of
26 institutions of higher education in this Commonwealth.
27 * * *
28 Section 3. The act is amended by adding sections to read:
29 Section 2604.1-B. Master Plan for Higher Education Review
30 Committee.--(a) There is hereby created a review committee to
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1 be known as the Master Plan for Higher Education Review
2 Committee.
3 (b) The review committee shall consist of fifteen (15)
4 members appointed as follows:
5 (1) The Secretary of Education or a designee.
6 (2) The chairperson of the State Board of Education or a
7 designee.
8 (3) Two (2) senators appointed by the President pro tempore
9 of the Senate. One (1) senator shall be a member at the time of
10 appointment of the Appropriations Committee of the Senate. The
11 second senator shall be a member at the time of appointment of
12 the Education Committee of the Senate.
13 (4) Two (2) senators appointed by the Minority Leader of the
14 Senate. One (1) senator shall be a member at the time of
15 appointment of the Appropriations Committee of the Senate. The
16 second senator shall be a member at the time of appointment of
17 the Education Committee of the Senate.
18 (5) Two (2) representatives appointed by the Speaker of the
19 House of Representatives. One (1) representative shall be a
20 member at the time of appointment of the Appropriations
21 Committee of the House of Representatives. The second
22 representative shall be a member at the time of appointment of
23 the Subcommittee on Higher Education of the Education Committee
24 of the House of Representatives.
25 (6) Two (2) representatives appointed by the Minority Leader
26 of the House of Representatives. One (1) representative shall be
27 a member at the time of appointment of the Appropriations
28 Committee of the House of Representatives. The second
29 representative shall be a member at the time of appointment of
30 the Subcommittee on Higher Education of the Education Committee
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1 of the House of Representatives.
2 (7) One (1) member shall be a president of a community
3 college at the time of appointment, selected from a list
4 submitted by the Pennsylvania Association of Colleges and
5 Universities (PACU) and appointed by the Governor.
6 (8) One (1) member shall be a president of a State-owned
7 college or university at the time of appointment, selected from
8 a list submitted by PACU and appointed by the Governor.
9 (9) One (1) member shall be a president of a State-related
10 college or university at the time of appointment, selected from
11 a list submitted by PACU and appointed by the Governor.
12 (10) One (1) member shall be a president of an independent
13 college or university at the time of appointment, selected from
14 a list submitted by PACU and appointed by the Governor.
15 (11) One (1) member who shall represent proprietary
16 institutions shall be selected from a list submitted by the
17 Pennsylvania Association of Private School Administrators
18 (PAPSA) and appointed by the Governor.
19 (c) Members appointed pursuant to this act shall hold office
20 as follows: two (2) members chosen by lot shall hold office for
21 an initial term of three (3) years, two (2) members chosen by
22 lot shall hold office for an initial term of two (2) years and
23 the remaining member shall hold office for an initial term of
24 one (1) year each or until the member's successor has been
25 appointed. An appointment to fill a vacancy shall be for the
26 unexpired term or until the member's successor has been
27 appointed. Subsequent appointments shall be for three (3) year
28 terms.
29 (d) Legislative members shall hold office for two (2) year
30 terms ending at midnight on the thirtieth day of November of
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1 each even-numbered year.
2 (e) The President pro tempore of the Senate and the Speaker
3 of the House of Representatives shall designate one (1) of the
4 appointed members of the Senate and one (1) of the appointed
5 members of the House of Representatives to serve as chairman and
6 vice chairman, respectively. Thereafter, chairmanship and vice
7 chairmanship shall alternate annually between the Senate and the
8 House of Representatives. The first chairman shall be an
9 appointed member of the House of Representatives and the first
10 vice chairman shall be an appointed member of the Senate.
11 (f) Eight (8) members shall constitute a quorum. The
12 affirmative vote of a majority of all the members of the review
13 committee duly recorded showing how each member voted shall be
14 required in order to take action adopting statements of policy,
15 standards, rules and regulations.
16 (g) The review committee shall meet as necessary for the
17 prompt discharge of its duties and shall adopt rules to govern
18 its operation and organization.
19 (h) Legislative vacancies shall be filled by appointment by
20 the presiding officer of the legislative chamber to which the
21 vacating member was elected. The successor shall serve for the
22 duration of the vacating member's term.
23 Section 2604.2-B. Purpose, Duties, Powers and
24 Responsibilities of the Review Committee.--The review committee
25 at all times shall ensure that its mission is centered on
26 providing a rational and effective approach to developing and
27 implementing State policies pertaining to postsecondary
28 education in this Commonwealth. To carry out its duties the
29 review committee shall have the following powers and
30 responsibilities:
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1 (1) Provide input to the State Board of Education with
2 respect to the master plan as well as review proposed master
3 plans as provided in section 2604.4-B.
4 (2) Approve, disapprove or recommend amendments to proposed
5 master plans.
6 (3) Maintain liaison with the Department of Education and
7 the General Assembly on matters concerning the adoption of a
8 master plan.
9 Section 2604.3-B. Transmittal of a Proposed Master Plan.--
10 Whenever the board seeks to adopt a master plan, the board shall
11 place sufficient copies of the proposed master plan in the
12 possession of the chairperson of the review committee. The
13 transmittal shall include:
14 (1) The text of the proposed master plan.
15 (2) A statement of the statutory authority under which the
16 master plan or change therein is proposed to be adopted.
17 (3) A brief explanation of the proposed master plan or
18 change therein and the justification therefor.
19 Section 2604.4-B. Review by Review Committee.--(a) The
20 review committee shall complete its review of the proposed
21 master plan within thirty (30) legislative session days of the
22 date of receipt of copies of the proposal.
23 (b) The review committee may hold hearings, take testimony
24 and make its review at such places within this Commonwealth as
25 it deems necessary.
26 Section 2604.5-B. Recommendation for Amendment.--(a) Upon
27 completion of the review committee's review of the proposed
28 master plan in accordance with the provisions of section 2604.4-
29 B, the review committee shall notify the board of its findings
30 and recommend necessary amendments.
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1 (b) The board, within twenty (20) calendar days of receiving
2 the review committee's recommendation, may amend the proposed
3 master plan in accordance with the recommendation of the review
4 committee and resubmit the proposed master plan to the review
5 committee. Within twenty (20) calendar days, the review
6 committee shall vote to approve or disapprove the master plan
7 with comments and notify the chairman of the Education Committee
8 of the Senate and the chairman of the Education Committee of the
9 House of Representatives of its determination.
10 Section 2604.6-B. Consideration by the Education Committee
11 of the Senate and the Education Committee of the House of
12 Representatives.--(a) Upon receiving notification of the review
13 committee's determination, the chairman of the Education
14 Committee of the Senate and the chairman of the Education
15 Committee of the House of Representatives shall cause their
16 respective committees to vote to approve or disapprove the
17 proposed master plan within twenty (20) calendar days.
18 (b) If the committees vote to approve the proposed master
19 plan, the chairmen shall cause a concurrent resolution to be
20 introduced in the Senate and the House of Representatives
21 approving the proposed master plan. Upon adoption of the
22 resolutions, the proposed master plan shall be deemed approved
23 and the board shall adopt the proposed master plan.
24 (c) If the committees vote to disapprove the proposed master
25 plan, the chairmen shall cause a concurrent resolution to be
26 introduced in the Senate and the House of Representatives
27 disapproving the proposed master plan. Upon adoption of the
28 resolutions, the board shall within twenty (20) calendar days
29 make modifications to the proposed master plan and resubmit it
30 to the review committee to begin the review process.
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1 (d) If either committee does not agree to approve or
2 disapprove the proposed master plan, or either concurrent
3 resolution is not adopted within ninety (90) calendar days of
4 its introduction, the proposed master plan shall be deemed
5 approved and the board shall adopt the proposed master plan.
6 Section 2604.9-B. Effect on Judicial Review.--(a) For
7 purposes of judicial review, committee inaction or the adoption
8 of a concurrent resolution of approval shall mean that the
9 master plan shall be for the guidance of the Governor, the
10 General Assembly and all institutions of higher education.
11 (b) Adoption of a concurrent resolution of disapproval shall
12 mean that the master plan shall not be for the guidance of the
13 Governor, the General Assembly and all institutions of higher
14 education.
15 Section 2604.10-B. Sine Die Session.--In the event of an
16 adjournment sine die of the General Assembly prior to the
17 approval of the proposed master plan, the board shall resubmit
18 its proposed master plan to the review committee upon
19 reorganization of the General Assembly.
20 Section 2604.11-B. Appropriations.--The General Assembly
21 shall appropriate moneys as necessary for the advancement of
22 this act.
23 Section 4. This act shall take effect July 1, 2003, or
24 immediately, whichever is later.
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